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AMERICAN BAR ASSOCIATION
TORT TRIAL AND INSURANCE PRACTICE SECTION
REPORT TO THE HOUSE OF DELEGATES
RESOLUTION
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RESOLVED, That the American Bar Association urges all federal, state, local, and
territorial legislative bodies and/or governmental agencies to enact comprehensive laws
that prohibit the private possession, sale, breeding, import, or transfer of dangerous wild
animals, such as big cats, bears, wolves, primates, and dangerous reptiles, in order to
protect public safety and health, and to ensure the humane treatment and welfare of such
animals.
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REPORT
This Tort, Trial and Insurance Practice Section Animal Law Committee resolution and policy
recommendation addresses the private possession of dangerous wild animals. This report will
discuss in depth the numerous public health and safety hazards, animal welfare concerns, legal
liability, and insurance issues resulting from the current inconsistent patchwork of federal, state,
and territorial laws on the subject.1 The issue of dangerous wild animals in private hands has
significant importance to the public and has been the subject of debate in many state legislatures
over the past 15 years. A recommendation by the ABA will assist those seeking to encourage
decision makers to address these concerns with comprehensive and uniform laws that prohibit
private possession of dangerous wild animals. Without consistency, individuals who do not
properly care for their animals are free to forum shop for states without regulations, placing both
the public and the animals at risk.2
INTRODUCTION
Numerous scientific organizations and governmental entities all believe that certain wild animals
are not safe or suitable to be kept as pets––these include the Association of Zoos and
Aquariums,3 American Veterinary Medical Association,4 American Animal Hospital
Association,5 Centers for Disease Control and Prevention,6 and United States Department of
Agriculture.7 A consortium of 20 animal protection groups has organized to oppose such private
possession, noting that dangerous wild animals behave unpredictably and cannot be domesticated
simply through captive breeding or raising by hand.8 The process of “domestication,” such as
that of dogs, is the result of thousands of years of selective breeding. Lions, tigers, leopards,
bears, wolves, reptiles, and non-human primates belong in their natural habitats or at accredited
facilities that have the appropriate knowledge and expertise to care for wild animals humanely
and securely––not in the hands of unregulated individuals. According to one source there are an
1
For a comprehensive, recent overview of the subject, see Lauren Slater, Wild Obsession––The perilous attraction
of owning exotic pets, National Geographic, 96 (April 2014) at http://ngm.nationalgeographic.com/2014/04/exoticpets/slater-text.
2
Michael Scott, Ohio has had loose leash on selling wild animals for years, October 19, 2011 at
http://blog.cleveland.com/pdextra/2011/10/ohio_has_had_loose_leash_on_se.html.
3
Association of Zoos and Aquariums, Why Wild Animals Don't Make Good Pets, February 19, 2009 at
https://www.aza.org/pressroom/detail.aspx?id=391 (last visited July 20, 2014).
4
“The AVMA has concerns about animal welfare, husbandry, infectious diseases, public health and safety, and
environmental impacts relative to ownership of wild animal species and their hybrids.” If owners or caretakers
cannot ensure these aspects, the AVMA recommends prohibiting ownership or possession of wild animal species or
their hybrids.” American Veterinary Medical Association policy statement, Ownership or Possession of Wild
Animals or Their Hybrids, at https://www.avma.org/KB/Policies/Pages/Ownership-or-Possession-of-Wild-Animalsor-Their-Hybrids.aspx (last visited July 20, 2014).
5
“When wild animals are kept as pets, the results may often be tragic for the animals and the owners.” American
Animal Hospital Association, Wild Animals as Pets Position Statement at
https://www.aahanet.org/Library/WildAnimalPets.aspx (last visited July 20, 2014).
6
Bruno B. Chomel et al, Wildlife, Exotic Pets, and Emerging Zoonoses, Centers for Disease Control and
Prevention, January 2007, at http://wwwnc.cdc.gov/eid/article/13/1/06-0480_article.
7
USDA Position Statement, Large Wild and Exotic Cats Make Dangerous Pets, at
http://www.aphis.usda.gov/animal_welfare/downloads/big_cat/position.pdf (last visited July 20, 2014).
8
Captive Wild Animal Protection Campaign, a Program of Global Federation of Animal Sanctuaries at
http://cwapc.org/resources/faqs/#sthash.BUOwkrik.dpbs (last visited July 20, 2014).
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estimated “30,000 captive great cats, bears, wolves and other large carnivores living in
substandard conditions throughout the U.S.”9 Each year privately owned dangerous wild
animals seriously injure or kill humans, including children, such as the ten-year-old North
Carolina boy who was “mauled by his aunt’s 400-pound tiger that she kept in her backyard.”10
In addition to the danger to public safety and the animals themselves, dangerous wild animals
can cause harm to other animals and disrupt ecosystems.11
According to the Centers for Disease Control, wild animals carry diseases, such as Herpes B and
salmonella, which harm and kill humans.12 International experts in infectious diseases warn that
“[m]ost emerging infectious diseases are zoonotic (contagious diseases spread between animals
and humans) [and] wildlife constitutes a large and often unknown reservoir.”13 One of the
causes of the emergence of such diseases is the keeping of dangerous wild animals as pets.14 A
recent U.N. report indeed found that “seventy percent (70%) of the new diseases that have
emerged in humans over recent decades are of animal origin.”15
Dangerous wild animals have complex needs and require highly specific care. The AVMA
advises that anyone who owns a dangerous wild animal should be educated in animal husbandry,
welfare, and safety.16 However, several states that regulate ownership, such as Texas, still do not
require any special training or relevant qualifications in animal husbandry before granting a
permit to own a dangerous wild animal.17 The humane treatment of dangerous wild animals also
requires proper shelter and species-appropriate space, yet many state laws often require only a
cage, a pen, or a room.18
Responsible ownership also requires a significant financial commitment in order to provide
proper food, medical care, and housing to these animals.19 Current state laws that regulate
ownership of dangerous wild animals do not require proof of financial ability to meet the needs
of dangerous wild animals. Wisely, some states do require liability insurance to be carried by
9
The Wild Animal Sanctuary, Major Programs at http://www.wildanimalsanctuary.org/aboutus/majorprograms.html
(last visited July 20, 2014).
10
2004 Legislative Review, 11 Animal Law 325, 337 (2005).
11
Invasive species slithering around Florida, Washington Post, February 15, 2013 at
http://www.washingtonpost.com/national/health-science/invasive-species-slithering-aroundflorida/2013/02/15/a0e3daae-77d7-11e2-95e4-6148e45d7adb_graphic.html (last visited July 20, 2014).
12
Nina Marano & G. Gale Galland, Animal-Associated Hazards, Centers for Disease Control and Prevention, at
http://wwwnc.cdc.gov/travel/yellowbook/2014/chapter-2-the-pre-travel-consultation/animal-associated-hazards (last
visited July 20, 2014).
13
Chomel et al, supra note 7.
14
Id.
15
Food and Agriculture Organization of the United Nations, Surge in diseases of animal origin necessitates new
approach to health – report, Dec. 16, 2013, at http://www.fao.org/news/story/en/item/210621/icode/ (last visited July
20, 2014).
16
AVMA, supra note 5.
17
TEX. HEALTH & SAFETY CODE ANN. § 822.104.
18
See e.g. TEX. HEALTH & SAFETY CODE ANN. 822.101(7)(“"Primary enclosure" means any structure used to
immediately restrict an animal to a limited amount of space, including a cage, pen, run, room, compartment, or
hutch.”).
19
Captive Wild Animal Protection Campaign, supra note 9.
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anyone possessing dangerous wild animals.20 But liability insurance policies only cover harm to
others, and do not address the care of the animal throughout the course of his or her lifetime.
State regulatory schemes vary considerably on requirements related to public safety, health and
animal welfare. Federal law currently provides no protection for dangerous wild animals kept as
pets.21 Thus, the Section believes that the only way for government authorities to fully protect
the public health and safety, and to eliminate animal welfare risks, is to prohibit the private
ownership of dangerous wild animals.
Avoidable Tragedies
Zanesville, Ohio
On January 6, 2011, Ohio’s then-Governor Ted Strickland enacted a comprehensive Executive
Order that prohibited the private “possession, sale, breeding and transfer of dangerous wild
animals.”22 The order was prompted in part by the death of Brent Kandra, who died from over
600 wounds sustained in an attack while feeding black bears at a privately owned “exotic animal
farm” in Columbia Station, Ohio.23 Gov. Strickland’s order put substantial restrictions on private
possession, including: prohibiting the acquisition of any new animals; requiring all existing
animals to be registered; and ordering facilities containing dangerous wild animals to be
regularly inspected by state officials.24 At the time Gov. Strickland’s Executive Order was
issued, Ohio was one of seven states that had no regulation at all regarding the private possession
of dangerous wild animals.25
When John Kasich assumed the Ohio Governorship in April 2011, he decided to let the existing
Dangerous Wild Animals Executive Order expire.26 His rationale was that the State did not have
the right to regulate dangerous wild animals that were not native to Ohio––despite the fact that
there had been no such challenge from any affected third party, and that similar prohibitions on
20
TEX. HEALTH & SAFETY CODE ANN. §822.107. LIABILITY INSURANCE. (“An owner of a dangerous
wild animal shall maintain liability insurance coverage in an amount of not less than $100,000 for each occurrence
for liability for damages for destruction of or damage to property and death or bodily injury to a person caused by
the dangerous wild animal.”).
21
Federal law currently only regulates interstate commerce in large cats and requires public exhibitors of dangerous
wild animals to be licensed by the USDA.
22
Ohio Executive Order 2010 17S, at http://www.rexano.org/StatePages/execorder10-17s.pdf (last visited June 7,
2014). Gov. Strickland’s Executive Order suspended the regular rulemaking process and allowed the immediate,
emergency adoption of Rule 1501:31-19-05 by the Ohio Department of Natural Resources Division of Wildlife).
23
Joe Guillen, Outgoing Gov. Ted Strickland bans ownership of exotic animals, cites recent bear attack, The Plain
Dealer, January 06, 2011 at
http://www.cleveland.com/open/index.ssf/2011/01/strickland_bans_ownership_of_e.html (last visited June 7, 2014).
24
Ohio Administrative Code, Rule 1501:31-19-05, at http://www.rexano.org/StatePages/OH_exotic_rule2011.pdf
(last visited July 20, 2014). For a summary of the rules see Peggy Hall, Ohio Governor Issues Emergency Rule on
Ownership of Wild Animals, January 7, 2011 at http://ohioaglaw.wordpress.com/2011/01/07/ohio-governor-issuesemergency-rule-on-ownership-of-wild-animals/.
25
See the Humane Society of the United States, Ohio Rule issued to prohibit dangerous wild animals as pets, at,
http://www.humanesociety.org/news/press_releases/2011/01/ohio_exotic_pet_rule_010611.html (last visited July
20, 2014).
26
Bob Downing, Ohio will draft new rules for exotic animals; Kasich allows Strickland's executive order to lapse,
Ohio.com April 7, 2011 at http://www.ohio.com/news/ohio-will-draft-new-rules-for-exotic-animals-1.206485 (last
visited July 20, 2014).
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possession already existed in many other states.27 Indeed, “courts have almost universally
upheld the validity of exotic pet regulations as a legitimate exercise of state police power that
does not infringe on the constitutional protections of equal protection, due process, or takings.”28
Six months later, on October 18, 2011, convicted felon Terry Thompson of Zanesville, Ohio,
who owned more than 50 large, dangerous wild animals, including tigers, lions, monkeys, and
grizzly bears, cut the fences, released all the animals, and then took his own life.29 As these
suddenly freed animals made their way into the countryside, frantic 911 calls began pouring in to
local authorities, who immediately closed local schools and flashed warning signs on interstate
highways. When law enforcement officials arrived at the scene they quickly had to choose
between using lethal force to stop the animals or risking harm to human life. With nightfall
approaching the difficult decision was made, and over the next few hours police officers shot and
killed 49 of the dangerous wild animals that Thompson had released. The final death tally
included 18 Bengal Tigers, 17 Lions, 6 Black Bears, 2 Grizzly Bears, 3 Mountain Lions, 2
Wolves and 1 Baboon.30
What makes the Zanesville incident all the more tragic is that it was entirely preventable. Under
Gov. Strickland’s Executive Order, Terry Thompson’s dangerous wild animals would have been
confiscated as of May 1, 2011, due to his prior convictions for animal cruelty.31 Such
convictions would have disqualified him from the Order’s grandfather provisions for dangerous
wild animals already in private possession at the time the Order was passed.32 As a Muskingum
County Deputy Sheriff pointedly told reporters, “I feel like me and the other deputies were
forced into this situation due to Ohio’s lax laws in reference to exotic animals.”33 The danger
posed by Thompson’s private menagerie certainly was no secret to local law enforcement who
had been called out to his property to investigate incidents related to the animals’ confinement
and treatment on at least 27 occasions during just the previous 6 years: “16 times for reports of
animals at large, 8 times for animal complaints, and 3 times for animal cruelty.”34
27
Id.
Matthew Liebman, Detailed Discussion of Exotic Pet Laws, Animal Legal and Historical Center 2004 at
http://www.animallaw.info/articles/ddusexoticpets.htm (last visited June 7, 2014).
29
ABC News Nightline, October 19, 2011, 11:35 - 12:00am EDT, http://abcnews.go.com/US/zanesville-animalmassacre-included-18-rare-bengal-tigers/story?id=14767017. Transcript at
https://archive.org/details/WJLA_20111020_033500_Nightline.
30
The ones that got away: Sad survivors of exotic animal bloodbath after 'time bomb' private zoo owner opened the
cages and shot himself, Daily Mail, October 21, 2011 at http://www.dailymail.co.uk/news/article-2051418/Ohioreserve-owner-Terry-Thompson-released-exotic-animals-killed-himself.html (last visited July 20, 2014).
31
Alan Johnson, Order that Kasich rejected would have barred man from having exotic animals, The Columbus
Dispatch, October 19, 2011 at http://www.dispatch.com/content/stories/local/2011/10/19/humane-society-headwants-ohio-exotic-animal-ban.html (last visited July 20, 2014).
32
Rule 1501:31-19-05 §B(2), supra note 25 (stating that exemptions do not apply to any person who has “been
convicted of an offense involving the abuse or neglect of any animal pursuant to any state, local, or federal law.”
33
ABC News Nightline, supra note 30.
34
Owner Of Released Wild Animals ‘Was An Unusual Fella’ Says The Mayor Of Zanesville, Oct. 19, 2011 at
http://radaronline.com/exclusives/2011/10/wild-animals-owner-terry-thompson-unusual-fellow-says-mayorzanesville/ (last visited July 20, 2014).
28
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As a result of the Zanesville tragedy, the Ohio legislature eventually passed the Ohio Dangerous
Wild Animals and Restricted Snakes Act35––the type of comprehensive regulation of the private
possession of dangerous wild animals recommended in this Report. On December 20, 2012, the
U.S. District Court for the Southern District of Ohio, Eastern Division, upheld that Act’s
restrictions, ruling that “animals subject to the Act are dangerous and the Act is necessary to
protect the general public.”36 The court further held the plaintiffs had only “limited property
interest in their exotic animals or dangerous wild animals (as described in the Act), such that a
fundamental constitutional right is not implicated.”37
Stamford, Connecticut
Another recent high-profile calamity involved a 55-year old Connecticut woman, Charla Nash,
who was brutally attacked by her neighbor’s pet chimpanzee. Nash’s face was almost entirely
torn and bitten off. The victim was left permanently disfigured, had both of her hands
amputated, and also contracted a virus from the chimpanzee that required her eyes to be
removed. She currently resides in a nursing home. Prior to the attack, Connecticut prohibited
private possession of certain species of dangerous wild animals, but did not restrict primates––an
example of the pressing need for more comprehensive state laws. Nash settled a case against the
chimpanzee owner’s estate for $4 million, but her claim against the State of Connecticut for
failing to prohibit and protect the public from privately held dangerous primates was denied due
to the state’s sovereign immunity law.38
Current Legal Regime
a) Federal Laws
Congress and the U.S. Fish and Wildlife Service have attempted to partially regulate the
possession of dangerous wild animals by prohibiting interstate trade in certain species.39
Although this approach has reduced the interstate movement of these animals it has not kept
dangerous wild animals entirely out of private hands.40 Accordingly, in July of 2014, the U.S.
Senate Committee on Environment & Public Works recently held a hearing on the Big Cats and
Public Safety Protection Act (S.1381, 2013).41 Consistent with this Recommendation and Report,
S.1381 would amend the Lacey Act to federally prohibit all future private possession and
35
Ohio Rev. Code §935.01-99, enacted June 6, 2012.
Wilkins v. Daniels, Slip Copy, 2012 WL 6644465 (S.D.Ohio, 2012).
37
Id. at 17.
38
Sasha Goldstein, Charla Nash, mauled by Travis the chimp, denied the right to sue Connecticut for $150M, NY
Daily News, April 2, 2014, at http://www.nydailynews.com/news/national/charla-nash-mauled-bychimp-denied-sueconn-150m-article-1.1743457 (last visited July 20, 2014).
39
See U.S. Fish & Wildlife Service, Captive Wildlife Safety Act: What Big Cat Owners Need to Know at
http://www.fws.gov/le/pdf/CaptiveWildlifeSafetyActFactsheet.pdf (last visited July 20, 2014); U.S. Fish & Wildlife
Service, Questions and Answers Listing of Four Non-native Snake Species as Injurious Under the Lacey Act at
http://www.fws.gov/injuriouswildlife/pdf_files/Four_snakes._QsAs.final.pdf (last visited July 24, 2014). Congress
is currently considering the Captive Primate Safety Act (H.R.2856 / S. 1463), which would extend these same
interstate trade restrictions to monkeys, apes and other primates.
40
The Wild Animal Sanctuary, supra note 10.
41
S.1381, “To amend the Lacey Act Amendments of 1981 to clarify provisions enacted by the Captive Wildlife
Safety Act, to further the conservation of certain wildlife species, and for other purposes.” 113th Congress, 1st
Session, introduced July 29, 2013.
36
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breeding of lions, tigers, and other big cats nationwide. It also would require current big cat
owners to register their animals. While this would be a positive step in the proper direction, it
still only would apply to large cats and not any of the other categories of dangerous wild animals.
b) State Laws
With no federal laws directly addressing the private possession of dangerous wild animals in the
U.S., the issue currently is governed by an inconsistent regulatory patchwork of state and local
laws. Twenty-one states and Washington, D.C. already prohibit the possession of some wild
animals (big cats, bears, wolves, non-human primates, and most dangerous reptiles).42 Another
thirteen states ban some, but not all, of these species.43 Eleven other states allow private
possession but regulate the keeping of these animals by requiring a permit.44 However, five U.S.
states still have absolutely no laws regulating the possession of dangerous wild animals.45
The following are the central elements of existing laws (legislation and/or regulations):
1) Degrees of regulation (from outright ban, to mere registration, to little or no regulation);
2) Animals covered by the law (big cats, wolves, bears, venomous reptiles, alligators and
crocodiles, and non-human primates are the most common);
3) Exempted entities;
4) Grandfather clauses and their requirements;
5) Punishment for violations (this can range from imprisonment to fines as much as $2,000
per animal per day, as well as the mandatory seizure of animals and court-imposed
financial responsibility for the cost of such seizure and care); and,
6) Requirements to carry mandatory liability insurance.
Public Safety Risks
Since 1990, there have been more than 1,200 dangerous incidents involving captive big cats,
bears, primates, and large constrictor snakes nationwide, resulting in more than 40 human deaths
(including eight children) and nearly 700 other persons injured.46
Deaths from large constrictor snake incidents in the United States include one person who
suffered a heart attack during a violent struggle with his python, and a woman who died from a
42
Alaska, California, Colorado, Georgia, Hawaii, Illinois, Iowa, Kentucky, Massachusetts, Maryland, Montana,
New Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, Utah, Vermont, Washington, and West
Virginia. For direct links to the various state laws governing private possession of dangerous wild animals, see
Summary of State Laws Relating to Private Possession of Exotic Animals, Born Free USA at
http://www.bornfreeusa.org/b4a2_exotic_animals_summary.php (last visited July 20, 2014). For a comprehensive
list of all state laws on the subject, see Possession of Wild Animals: Related Statutes, Animal Legal & Historical
Center at http://www.animallaw.info/statutes/topicstatutes/sttopwa.htm (last visited July 20, 2014).
43
Arizona, Arkansas, Connecticut, Florida, Kansas, Louisiana, Maine, Michigan, Minnesota, Nebraska, Tennessee,
Virginia and Wyoming.
44
Delaware, Idaho, Indiana, Mississippi, Missouri, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South
Dakota, and Texas.
45
Alabama, Nevada, North Carolina, South Carolina, and Wisconsin.
46
Dangerous Exotic Pets: Big Cats, Humane Society of the United States, May 24, 2013 at
http://www.humanesociety.org/issues/exotic_pets/facts/dangerous-exotic-pets-big-cats.html (last visited July 20,
2014).
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Salmonella infection (reptiles especially pose the threat of such infections as discussed below).47
Scores of adults and children have been injured in attacks by these deadly predators. Children,
parents, and authorities are finding released or escaped pet pythons, boa constrictors, and
anacondas all over the country, where they endanger communities, threaten ecosystems, and in
many cases suffer tragic deaths.48
Monkeys are the most common non-human primates to be privately held.49 After the age of two,
though, monkeys tend to exhibit unpredictable behavior––the males can become aggressive, and
both males and females often bite to defend themselves or establish dominance.50
Just since January 2013, there have been over a dozen dangerous attacks involving big cats,
including at least two incidents during which big cat handlers were killed.51 A few of these
dangerous encounters from the past year include:
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
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October 25, 2013 (Wynnewood, OK), a tiger severed the arm of an employee at a
roadside zoo.52
June 21, 2013 (Clay County, IN), a woman was severely mauled by a tiger while
cleaning a cage. She was admitted to the intensive care unit at a local hospital
where she was listed in critical condition.53
April 21, 2013 (Salina, KS), a woman found a tiger in a restroom after the cat had
escaped handlers at a Shrine Circus.54
March 6, 2013 (Dunlap, CA), a woman was fatally mauled by a lion while
cleaning its enclosure.55
The legal liability and insurance issues related to such attacks are substantial.
47
Dangerous Exotic Pets: Snakes, Humane Society of the United States, May 24, 2013 at
http://www.humanesociety.org/issues/exotic_pets/facts/dangerous-exotic-pets-constrictor-snakes.html (last visited
July 20, 2014).
48
Washington Post, supra note 12.
49
Nicole Paquette, Hearing Statement, U.S. Senate Committee on Environment & Public Works, June 16, 2003 at
http://www.epw.senate.gov/hearing_statements.cfm?id=213174 (last visited July 20, 2014).
50
Id.
51
Big Cat Attacks, Big Cat Rescue at http://bigcatrescue.org/big-cat-attacks/ (last visited July 20, 2014). A state-bystate spreadsheet of all big cat attacks since 1990 is available at
https://docs.google.com/file/d/0B5WZ_cVR_hJQQmpPY2VBNDdjQTQ/edit (last visited July 20, 2014).
52
Sarah Stewart, NEW: 911 call released on tiger attack at GW Exotic Animal Park, Oct. 8, 2013, at
http://kfor.com/2013/10/06/wynnewood-zoo-worker-to-undergo-surgery-monday-after-tiger-bite/ (last visited July
20, 2014).
53
Gillian Mohney, Indiana Woman Mauled by Tiger, ABC News, June 22, 2013 at http://abcnews.go.com/US/tigerattack-leaves-indiana-woman-condition/story?id=19464198 (last visited July 20, 2014).
54
Jenna Krehbiel, Kansas Woman, Finds Tiger In Bathroom At The Isis Shrine Circus In Salina, AP April 22, 2013
at http://www.huffingtonpost.com/2013/04/23/jenna-krehbiel-salina-kansas-tiger-circus_n_3139437.html (last
visited July 20, 2014).
55
Lateef Mungin and Cristy Lenz, Worker Mauled to Death by Lion at California Facility, CNN March 7, 2013 at
http://www.cnn.com/2013/03/06/us/california-lion-attack/ (last visited July 20, 2014).
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Zoonotic Disease Risks
Another clear risk to humans posed by contact with dangerous wild animals is the transfer of
animal diseases to humans. Examples include salmonella from reptiles, tuberculosis and Herpes
B from primates, as well as polio, rabies, and parasites.56 The Centers for Disease Control
estimates that every year 70,000 people contract salmonella from pet reptiles.57 Herpes B, also
known as “monkey B” virus, can cause severe neurologic impairment or fatal encephalomyelitis
if not treated.58 Due to the hazards posed by the transmission of such zoonotic diseases, the
American Veterinary Medical Association,59 National Association of State Public Health
Veterinarians,60 Association of Zoos and Aquariums,61 Centers for Disease Control and
Prevention,62 and United States Department of Agriculture63 all have official policy statements
condemning the private possession of certain species of dangerous wild animals.
Animal Welfare Concerns
It is difficult to ensure the basic welfare of dangerous wild animals in private possession even
when that possession is regulated. Dangerous wild animals in private possession often are kept
in poor conditions and subjected to de-fanging and de-clawing surgeries that leave them
deformed and vulnerable to infections.64 In October 2003, officials even discovered a 400-pound
pet tiger and a 3-foot pet caiman living within the confines of a single New York City public
housing apartment!65
Another related problem is the frequency of abandonment when such animals become too large
or unmanageable for untrained and unprepared private individuals to handle. Financial costs also
play a role in the quality of care an animal receives. For example, wildlife officials raided the
home of one private dangerous wild animal breeder to discover 90 tiger carcasses, “including big
cats that had been tied to car bumpers and starved cubs in a freezer.”66 Some estimates calculate
that as many as 90 percent of reptiles die within their first 2 years of captivity.67
56
Marano et al, supra note 13.
Centers for Disease Control and Prevention, at http://www.cdc.gov/healthypets/pets/reptiles.html (last visited July
20, 2014).
58
Centers for Disease Control and Prevention, B Virus (herpes B, monkey B virus, herpesvirus simiae, and
herpesvirus B) at http://www.cdc.gov/herpesbvirus/signs-symptoms.html (last visited July 20, 2014).
59
AVMA, supra note 5.
60
Comments from the National Association of State Public Health Veterinarians (NASPHV) on “Proposed Revision
of HHS/CDC Animal-Importation Regulations” at http://www.nasphv.org/Documents/CorrespondenceANPRMExotic.pdf (last visited July 20, 2014).
61
AZA, supra note 4.
62
Stephanie R. Ostrowski et al, B-virus from Pet Macaque Monkeys: An Emerging Threat in the United States?,
March 1998 at http://wwwnc.cdc.gov/eid/article/4/1/98-0117_article (last visited July 20, 2014).
63
USDA, supra note 8.
64
USDA, Information Sheet on Declawing and Tooth Removal, August 2006 at
http://www.aphis.usda.gov/animal_welfare/downloads/big_cat/declaw_tooth.pdf (last visited July 20, 2014).
65
Lydia Polgreen and Jason George, Adult tiger evicted from Harlem public housing, October 6, 2003 at
http://www.sfgate.com/crime/article/Adult-tiger-evicted-from-Harlem-public-housing-2554345.php (last visited July
20, 2014).
66
Liebman, supra note 29.
67
James M. Green, International Trade in Wild-Caught Reptiles, Animal Legal & Historical Center 2005 at
http://www.animallaw.info/articles/ddusitwr.htm (last visited July 20, 2014).
57
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Weak Laws, Loopholes, and Lack of Regulation
Weak laws fuel illegal trafficking. David Braun of National Geographic calls captive tigers a
“ticking time bomb for the illegal wildlife trade.”68 He reports that it is estimated that there are
more than 5,000 privately owned tigers in captivity, far more than remain in the wild. While the
U.S. supports conservation of endangered species, the combination of weak federal regulations,
delegation of responsibility to the states, and thousands of tigers being kept in captivity, all open
the door to the international black market for tiger parts.69
The Captive Wildlife Safety Act, passed by the U.S. Congress in 2003, makes it “illegal to
import, export, buy, sell, transport, receive or acquire certain live big cats across state lines or the
U.S. border.”70 However, there are several loopholes that allow violators to circumvent this
federal law––and at the state level there is little regulation at all of sales that do not involve
interstate commerce. The issue of supplying dangerous wild animals to those who seek to
possess them poses its own hazards for the welfare and existence of these creatures, as many die
while being smuggled into the U.S. for sale.71
Wild and exotic animal auctions are a primary source of dangerous wild animals for individuals
seeking to purchase them for private possession. Many of these auctions are completely
unregulated, and only three U.S. states even require the mere collection of the names and
addresses of those purchasing or selling dangerous wild animals at auctions.72
Revisiting the Zanesville tragedy, it is not coincidental that one of the largest auctions of
dangerous wild animals regularly takes place in Ohio.73 The Mid-Ohio Alternative Animal and
Bird Sale in Mt. Hope, Ohio typically offers more than 100 different species of wild animals for
sale, which until 2010 included primates, bears, tigers, lions, wolves, bison, camels, zebras, and
giraffes.74 These dangerous wild animals could be bought on a cash and carry basis, all with
zero paperwork required to document the purchaser’s identity or the type of animal acquired.75
In Missouri, the Lolli Bros. Livestock Market continues to sell big cats and bears as long as they
are under 6 months of age.76 Currently only 10 states have laws regulating wild and exotic
68
David Braun, America’s 5,000 Backyard Tigers a Ticking Time Bomb, WWF Says, National Geographic October
21, 2010 at http://newswatch.nationalgeographic.com/2010/10/21/americas_5000_backyard_tigers/ (last visited July
20, 2014).
69
Id.
70
U.S. Fish & Wildlife Service, supra note 40.
71
Liebman, supra note 29.
72
See Laws Relating to Exotic Animal Auctions, Born Free USA at
http://www.bornfreeusa.org/b4a2_exoticauctions.php (last visited July 20, 2014).
73
Ohio is the Wall Street of the U.S. exotic animal trade, October 19, 2011 at
http://animaltourism.com/news/2011/10/19/zanesville (last visited July 20, 2014).
74
Dennis Cauchon and Dan Vergano, Ohio county must decide what will happen to exotic animals, October 21,
2011 at http://usatoday30.usatoday.com/news/nation/2011-10-20-zanesville-ohio-exotic-animals.htm (last visited
July 20, 2014).
75
Scott, supra note 3. See also, The Dirty Side of the Exotic Animal Pet Trade, Born Free USA, June 15 2003 at
http://www.bornfreeusa.org/articles.php?more=1&p=180 (last visited July 20, 2014).
76
http://www.lollibros.com/ExoticSales/Nursery/tabid/58/Default.aspx (last visited July 20, 2014). See also Sarah
Maslin Nir, A Tighter Leash on Exotic Pets, New York Times, January 10, 2012 at
http://www.nytimes.com/2012/01/11/us/exotic-animals-business-faces-restrictions.html?pagewanted=all (last visited
July 20, 2014).
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animal auctions, and Alabama is the only state with an outright ban.77 These auctions provide an
unregulated supply of animals that helps fuel the trade in dangerous wild animals.
The Internet is another unregulated source of dangerous wild animals.78 Virtually any type of
animal can be purchased without any legal oversight or background checks. Beyond the many
websites of breeders and retailers, such as www.buytigers.com, www.exoticcatsrus.com, and
www.aplusexotics.com, there even is a large, eBay-style, peer-to-peer website where private
individuals can trade in dangerous wild animals without any regulation, oversight, or records.
Any legislative or regulatory attempt to stem the proliferation of privately possessed dangerous
wild animals must address the unregulated nature of auctions and online purchase sites.
Factors to be considered in enacting laws Legislative bodies or governmental agencies seeking
to enact or revise regulations on private possession of dangerous wild animals should consider
the following provisions:
a. Define the dangerous wild animals to be covered in the legislation;
b. Prohibit all new possession and breeding of dangerous wild animals as pets;
c. Prohibit all sales and transfers of existing dangerous wild animals, except as otherwise
authorized within the law;
d. Define the list of entities to be exempted from coverage of the law;
e. Prohibit continued possession of dangerous wild animals by individuals who have been
convicted of abuse or neglect of any animal pursuant to any state, local, or federal law, or
who have been convicted of a felony;
f. Allow other current owners to keep the animals they currently possess (grandfather
clauses), but protect those grandfathered animals by giving officials the authority to
regulate possession and to inspect the animals’ living conditions and care they receive;
g. Require placement of seized animals at accredited institutions; and,
h. Require adequate liability insurance to be carried by any individuals or entities allowed to
maintain possession of dangerous wild animals.
77
Born Free USA supra note 73.
Amelia Glynn, Pet lions and tigers and bears? Oh my!, (April 7, 2011) at
http://blog.sfgate.com/pets/2011/04/07/pet-lions-and-tigers-and-bears-oh-my/ (last visited on July 20, 2014).
78
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Conclusion
Dangerous wild animals do not make good pets. Only through thorough regulation can there
exist a uniform U.S. legal regime that safeguards the public, protects animals, allocates legal
liability and insurance risk properly, furthers a policy of respect for nature, and considers the
interests of present and future generations in accordance with the goals of the American Bar
Association.
Michael Drumke, Chair
Tort Trial and Insurance Practice Section
February 2015
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APPENDIX A:
Key Provisions to Include in Any Policy Reform Regulating the Keeping of
Dangerous Wild Animals
To access Appendix A online, please use this link:
http://www.americanbar.org/content/dam/aba/administrative/tips/ALCDWAAppendix_HODTIPS
alc2015.pdf
Dangerous wild animal generally refers to any native or non-native non-domesticated species
capable of inflicting serious bodily injury, illness, or death to a person or domestic animal.
Legislation and regulations should clearly define dangerous wild animal. At a minimum,
“dangerous wild animal” (“DWA”) should be defined as the following types of animals that are
held in captivity, and any or all hybrids of these species:
1. Class Mammalia
a. Order Carnivora
i. Family Canidae: captive-bred red wolves (Canis rufus) and gray wolves
(Canis lupus).
ii. Family Felidae: lions (Panthera leo), tigers (Panthera tigris), leopards
(Panthera pardus), clouded leopards (Neofelis nebulosa, Neofelis diardi),
snow leopards (Panthera uncia), jaguars (Panthera onca), cheetahs
(Acinonyx jubatus), captive-bred mountain lions (Puma concolor).
iii. Family Hyaenidae: all species of hyena and aardwolf.
iv. Family Ursidae: Asiatic Black Bears (Ursus thibetanus), captive-bred
American black bears (Ursus americanus), Brown Bears (Ursus arctos),
Polar Bear (Ursus maritimus), Sloth Bears (Melursus ursinus), Sun Bears
(Helarctos malayanus), Giant Panda Bears (Ailuropoda melanoleuca),
Spectacled Bears (Tremarctos ornatus), including hybrids thereof.
v. Family Procyonidae: all species, excluding raccoons (Procyon lotor).
b. Order Primates: all species, excluding humans.
2. Class Reptilia
a. Order Crocodylia: all species of alligators, crocodiles, caimans, gharials.
b. Order Squamata –
i. Family Atractaspidae: all species, such as mole vipers.
ii. Family Boidae: anacondas (Genus Eunectes), boa constrictors (Boa
constrictor), Burmese pythons (Python molurus), reticulated pythons
(Python reticulatus), amethystine pythons (Morelia amethistinus), scrub
pythons (Morelia kinghorni), Northern African pythons (Python sebae),
Southern African pythons (Python natalensis).
iii. Family Colubridae: boomslangs (Dispholidus typus), twig snakes (Genus
Thelotornis).
iv. Family Elapidae: all species, such as cobras, mambas, and coral snakes.
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v. Family Hydrophiidae: all species, such as sea snakes.
vi. Family Viperidae: all species, such as rattlesnakes, pit vipers, and puff
adders.
Exemptions should be considered carefully, as they can defeat the purpose of an otherwise strong
law. Reasonable exemptions make certain that only sufficiently qualified, professionally run
facilities with sufficient knowledge, experience, and resources are allowed to possess dangerous
wild animals. This ensures that dangerous wild animals with unique and complex needs are
provided appropriate, humane, safe, and long-term care. Exemptions should be limited to:
1. Zoos and aquariums accredited by the Association of Zoos and Aquariums (AZA)
2. Sanctuaries accredited by the Global Federation of Sanctuaries or wildlife sanctuaries
defined as a nonprofit organization that:
o Operates a place of refuge where abused, neglected, unwanted, impounded,
abandoned, orphaned, or displaced animals are provided care for the lifetime of the
animal;
o Does not conduct any commercial activity with respect to dangerous wild animals,
including, sale, trade, auction, lease, or loan, and does not use dangerous wild animals
in any manner in a for-profit business;
o Does not use dangerous wild animals for entertainment purposes or in a traveling
exhibit;
o Does not breed any dangerous wild animals; and,
o Does not allow members of the public the opportunity to come into physical contact
with dangerous wild animals.
3. Law enforcement and animal control authorities
4. Licensed veterinary hospitals for the purpose of providing veterinary care
5. Humane societies and animal shelters temporarily housing a Dangerous Wild Animal at the
written request of law enforcement officers
6. Research institutions
7. Circuses that possess a class C license under the federal Animal Welfare Act, that are
temporarily in the state, and that offer performances by live animals, clowns, and acrobats for
public entertainment
8. A person temporarily transporting a legally owned dangerous wild animal through the state if
the transit time is not more than 24 hours
Existing dangerous wild animals should be grandfathered so that people who currently have
these animals can keep them for the remainder of the owners’ lives, but breeding and new
acquisitions of dangerous wild animal species should be prohibited. Current owners may be
required to obtain a license or permit, register the animals, and comply with certain containment,
husbandry, veterinary care, handling, and other requirements. If budgetary constraints prevent
inspections or comprehensive oversight, current owners may simply be required to retain proof
of ownership prior to the effective date of the law
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GENERAL INFORMATION FORM
Submitting Entity: Tort Trial and Insurance Practice Section
Submitted By: Michael Drumke, Chair
1. Summary of Resolution(s).
The Resolution urges all federal, state, territorial, and local legislative bodies and/or
governmental agencies to enact comprehensive laws that prohibit the private possession,
sale, breeding, import, or transfer of dangerous wild animals, such as big cats, bears,
wolves, primates, and dangerous reptiles, in order to protect public safety and health, and to
ensure the humane treatment and welfare of such animals.
2. Approval by Submitting Entity.
TIPS Council voted to support the resolution and report on August 8, 2014.
3. Has this or a similar resolution been submitted to the House or Board previously?
No
4.
What existing Association policies are relevant to this Resolution and how would they be
affected by its adoption?
ABA Resolution 10B August, 1991 urges all nations to “adopt and implement appropriate
measures to ensure that activities within its jurisdiction or control will be conducted with
respect for Nature, and in a manner that accounts for the interests of present and future
generations.”
5. If this is a late report, what urgency exists which requires action at this meeting of the
House?
N/A
6. Status of Legislation. (If applicable)
There is currently no legislation related to this resolution.
7.
Brief explanation regarding plans for implementation of the policy, if adopted by the House
of Delegates. The Resolution will be used to support legislative efforts to strengthen laws
governing private possession of dangerous wild animals in those jurisdictions that still
inadequately regulate such possession.
8. Cost to the Association. (Both direct and indirect costs)
None.
9. Disclosure of Interest. (If applicable)
N/A
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10. Referrals.
IR&R
Real Property
Admin Law
Environment, Energy Resources
Health Law
International Law
Science and Technology
State and Local Government
YLD
11. Contact Name and Address Information. (Prior to the meeting. Please include name,
address, telephone number and e-mail address)
Chris Green, Director of Legislative Affairs
Animal Legal Defense Fund
170 E. Cotati Ave.
Cotati, CA 94931
Cell: (312) 543-1876
Email: [email protected]
12. Contact Name and Address Information. (Who will present the report to the House? Please
include name, address, telephone number, cell phone number and e-mail address.)
Holly M. Polglase, TIPS Delegate
Hermes, Netburn, O’Connor & Spearing, P.C.
265 Franklin Street, 7th Floor
Boston, MA 02110
Phone: (617) 210-7780
Cell: (617) 981-3054
Email: [email protected]
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EXECUTIVE SUMMARY
1.
Summary of the Resolution
The Resolution urges all federal, state, territorial, and local legislative bodies and/or
governmental agencies to enact comprehensive laws that prohibit the private possession,
sale, breeding, import, or transfer of dangerous wild animals, such as big cats, bears,
wolves, primates, and dangerous reptiles, in order to protect public safety and health, and
to ensure the humane treatment and welfare of such animals.
2.
Summary of the Issue that the Resolution Addresses
Since 1990, there have been more than 1,200 dangerous incidents involving captive big
cats, bears, primates, and large constrictor snakes nationwide, resulting in more than 40
human deaths (including eight children) and nearly 700 injuries. With no federal laws
directly addressing the private possession of dangerous wild animals in the U.S., the issue
currently is governed by an inconsistent regulatory patchwork of state and local laws.
Twenty-one states and Washington, D.C. already prohibit the possession of some wild
animals (big cats, bears, wolves, non-human primates, and most dangerous reptiles).
Another thirteen states ban some, but not all, of these species. Eleven other states allow
private possession but regulate the keeping of these animals by requiring a permit.
However, five U.S. states still have absolutely no laws regulating the possession of
dangerous wild animals.
3.
Please Explain How the Proposed Policy Position will address the issue
The proposed policy position urges all federal, state, territorial, and local legislative
bodies and/or governmental agencies to enact comprehensive laws that prohibit the
private possession, sale, breeding, import, or transfer of dangerous wild animals. By
encouraging such legislative action the proposed policy position will assist
implementation of a uniform U.S. legal regime that safeguards the public, protects
animals, allocates legal liability and insurance risk properly, furthers a policy of respect
for nature, and considers the interests of present and future generations in accordance
with the goals of the American Bar Association.
4.
Summary of Minority Views
It was asked that an exemption for assistance monkeys be included in the Report.
However, the American Veterinary Medical Association (AVMA) has a formal policy
position stating, “The AVMA does not support the use of nonhuman primates as
assistance animals because of animal welfare concerns, the potential for serious injury,
and zoonotic risks.” Furthermore, in 2011, the Department of Justice removed monkeys
from the definition of service animals covered by the Americans with Disabilities Act
(ADA). This was a deliberate move to close a loophole that many primate owners were
exploiting to flout restrictions on owning dangerous wild animals.
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Because assistance monkeys (trained or untrained) are no longer recognized as service
animals by the Department of Justice under the ADA, and because the American
Veterinary Medical Association also officially opposes the practice, we believe it would
not be appropriate to recommend that these animals be exempted from future laws
prohibiting private possession of dangerous wild animals.
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